Rulers & Judges in Umawiyyah & Abbassiyah States - Kuffrun duna Kuffr?

Question: What is the Shari’ah hukm on ruling (or judging) by other than what Allah sent down and is it like the rulers of the Umawiyyah and ‘Abbasiyyah states - Kuffrun duna Kuffr – or is their Kuffr the Kuffr which exits one from the Millah (Islam)? 

Answer: The ruler who rules by other that what Allah Sent down, whether that is by the man made laws or whether it is by customs and traditions, theses are Kuffar Mushrikeen. Allah says: 
وَلَا يُشْرِكُ فِي حُكْمِهِ أَحَدًا 
"He makes none to share in His Decision and His Rule" [18:26] 

And Allāh Says: 
إِنِ الْحُكْمُ إِلَّا لِلَّهِ 
"The decision is only for Allah" [6:57] 

And their Kuffr is Kuffr Akbar (major Kuffr) by Ijmaa’ (concensus) and this consensus was reported by Ibnu Katheer and others from his contemporaries from Ahlus Sunnah. 

Allah Says: 
ومن لم يحكم بما أنزل الله فأولئك هم الكافرون 
"And whosoever does not judge by what Allah has revealed, such are the Kafiroon" [5:44]

And Allah Says: 

ألم تر إلى الذين يزعمون أنهم آمنوا بما أنزل إليك وما أنزل من قبلك يريدون أن يتحاكموا إلى الطاغوت وقد أمروا أن يكفروا به 

"Have you seen those (hyprocrites) who claim that they believe in that which has been sent down to you, and that which was sent down before you, and they wish to go for judgement (in their disputes) to the Taghout (false judges, etc.) while they have been ordered to reject them." [4:60]

And Allah Says: 

أم لهم شركاء شرعوا لهم من الدين ما لم يأذن به الله 

"Or have they partners with Allah, who have instituted for them a deen which Allah has not allowed." [42:21] 

And this is the case today, we see them judge between the people by the man made laws and in some places that is called by other than its name, however we look at the reality and the meaning (of these laws) and not the name and deceit (given to them). 

As for the Judge, if he judges in a single case by his whims or desires, and not according to the man made laws, regulations, the system or by customs or traditions, then this is Kuffrun duna Kuffr, as in the Hadeeth: 

“The judges are three: Two judges that are in the Fire” 

Then it speaks about the ignorant judge and the judge who rules by desires – and this is the relevant point from the Hadeeth. [reported in the Sunan] 

And Ibnu ‘Abdul Birr said in “Al Tamheed” that this example is from the major sins by Ijmaa’ – and this was what happened in that Umawiyyah and ‘Abbasiyyah states.

[Answered by Al ‘Allamah ‘Ali Al Khudayr (fakk Allahu asrah)]